Behrens, P, (2015) The Ordoliberal Concept of 'Abuse' of a Dominant Position and its Impact on Article 102 TFEU. Nihoul/Takahashi, Abuse Regulation in Competition Law, Proceedings of the 10th ASCOLA Conference Tokyo 2015, Forthcoming. Available at SSRN: http://ssrn.com/ abstract=2658045...
Anticompetitive effects Since the late 1990s, there was a shift from the form-based to effects-based approach to Article 102 TFEU enforcement, meaning that a practice is not considered per se unlawful and instead it is necessary to build a theory of harm and show that it may lead to antic...
section 1 contains prohibitions on treaties and practices that have the object or effect of restricting competition modelled on Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) (1957); second, modelled in Article 102 of the TFEU as well as the prohibition on abus...
This chapter analyses the contribution of the EU Court of Justice to the fulfilment of the mandate under Article 16 TFEU. It focuses on the institutional position of the EU Court of Justice in the constitutional order of the Union and on its role as a constitutional court in relation to the...
Part III will show that FFP violates EU competition law under Article 101 of the Treaty on the Functioning of the European Union (“Article 101”, and the Treaty on the Functioning of the European Union, the “TFEU”) when UEFA is viewed as a horizontal association of undertakings. Part ...
Footnote1 Specifically, the actions of the members of the cartels were held to infringe Article 101 of the Treaty on the Functioning of the European Union (TFEU) and Article 53 of the Agreement on the European Economic Area (EEA). The banks that participated in the cartel have also been ...